Questions Answered by Michael Charles Cimasi

Michael Charles Cimasi's answerIt wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer sooner than later.

Michael Charles Cimasi's answerBeing given an appearance ticket is not any indication of an outcome or sentence from the criminal charges. You should obtain an attorney prior to your first appearance. An offer to an ACD is dependent on your criminal record (if any), the DA’s policy in that jurisdiction, and the specific facts surrounding your case.

Michael Charles Cimasi's answerIt really depends what your licensure status has been for the past six years. In order to get any useful answer, you are going to need to speak with an attorney after he or she has reviewed your paperwork and licensure status. If an interlock period is required, no appeal will be meritorious. Speak to your attorney about this.

Michael Charles Cimasi's answerAt a DWI stop, most jurisdictions have the defendant’s vehicle towed or impounded. Police will often perform searches and claim they are for “inventory” purposes (so no one can claim items were lost/stolen at impound), or for “officer safety” (to ensure no weapons or dangerous materials are in the vehicle). Also, if probable cause for another crime presents (e.g. smell of marijuana), police may execute a search for the drugs. All of these searches are controlled by the Fourth...

Michael Charles Cimasi's answerIf you were not convicted, or the charges were dismissed, it would be sealed. It should not be searchable in public records, except for the Courts and Police for official purposes.

Michael Charles Cimasi's answerIf you wrote bad checks, that could be prosecuted at least as a B-misdemeanor under the New York Penal Law. You should contact an attorney soon if you believe a complaint will be filed.

Michael Charles Cimasi's answerYou should contact an attorney. If you do not have any prior speeding tickets within 18 months, it very likely can be reduced to a non-moving violation and your appearance can be waived.

Michael Charles Cimasi's answerYou should always consult with your criminal attorney on a matter such as this, but in general, no you shouldn't pay it prior to the adjudication of the criminal matter. If the Court orders restitution, that must be paid. In my experience, 3rd party debt firms send out these civil demand letters, but it is very unlikely that they will initiate actual litigation to seek such a small amount of funds. It would not be worth the time or the filing fee. However, it is worth the price of a stamp...

Michael Charles Cimasi's answerUnder NYS law, police are authorized to stop a vehicle with reason too believe they have committed any traffic infraction...no matter how minor (e.g. brake light out, swerve, etc). Very often if late at night, these stops are pretrxtuak whereby the officers are really ferreting out drunk driving. Officers can only make stops for traffic infractions surging their bailiwicks (town/village for local police, county for sheriffs, state for NYS officers unless their jurisdiction is limited such as...

Michael Charles Cimasi's answerThe scenario you describe may constitute an Affirmative Defense to certain penal law charges that could stem from your injury of the other person with the gun. You should retain competent counsel to discuss this immediately. If you haven’t been charged yet, the investigation phase can be very important, and you should have legal guidance when/if speaking to the police.

Michael Charles Cimasi's answerYour appearance could be waived for certain parts of the case, but you would need to be present for the final disposition, whether trial or plea. Much of the court’s requirements can be fulfilled in your home state as well (e.g. alcohol dependency assessment). You should contact an experienced DWI Attorney sooner rather than later to begin this discussion with the Court.

Michael Charles Cimasi's answerAn OASAS (Office of Alcohol & Substance Abuse Services) assessment is required through a DMV certified provider, and the judge may mandate the Drinking Driver Program. If the OASAS determines some type of counseling is required, a judge may mandate that care as part of a conditional discharge. There are many permutations of counseling and clinical intervention that can stem from a DWI conviction, but “rehab”, as in in-patient, is not strictly required under any statute. You should speak...

Michael Charles Cimasi's answerTo drive a taxi/livery in NY, the DMV requires an A, B CDL, C CDL, or E license. An alcohol-related driving conviction will prevent you from holding these types of license for a longer period of time and no conditional licenses are available under these license categories.

Michael Charles Cimasi's answerThe field sobriety tests should not be able to individually prove beyond a reasonable doubt that a person is intoxicated, because other explanations can be reasonably posited for all of the behaviors the tests ascribe to intoxication. And that is normally how a defense attorney cross examines the arresting officer on the field tests. In their totality, however, along with other indicia of intoxication (e.g. smell of alcohol, erratic driving, admissions, time/location of the stop, breathalyzer...

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